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According to the IRS(i had this similar incident) it's the parent who the child is with most. In other words if you total up the days spent with your child and they are more by even a day, you get to claim him. My parents had my oldest for a while and when he came back here, I got to claim him because i made it by two days. LOLLL my dad and i were laughing about that one. Maybe you two can alternate years. You claim him in odd years and he claims him in even years. Have a document drawn up in court so you have verification that it was agreed by the both of you and ordered by a judge. :)

Sometimes there can be a court order in place that it alternates each year. Or, if you're together, then run it each way - but DON'T submit it, and see who would get the biggest tax break for it. For example, one of you might make a small enough amount that you could apply for the earned income credit, in which case, it would be better for that one to claim the child.

Now, if you aren't together, which it sounds like you aren't, then you would be better off working out a deal where you alternate claiming him, or get some sort of court order where the person with legal custody can claim him.

Because if you don't work it out and it ends up where you both try to claim him you can end up with a real mess on your hands.